On December 18, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated" (hereinafter referred to as the "Opinions").
The "Opinions" stipulate 15 aggravating circumstances, such as being punished for drunk driving or drunk drivingTen circumstances in which a suspended sentence is generally not applicable are specified, where there is a traffic accident, the behavior is dangerous, and the subjective malice is deep, it is to be dealt with heavily;Where drunk driving simultaneously constitutes the crime of causing a traffic accident or other crimes, it is to be convicted in accordance with the crime with the heavier punishment and criminal responsibility is to be strictly pursued.
Opinions" is clearWhere the circumstances of drunk driving are minor, they may not be prosecuted or may be convicted and sentenced;Where the circumstances are obviously minor and the harm is not great, it may not be handled as a crimeAdministrative penalties shall be imposed in accordance with the provisions of the Road Traffic Safety Law. The "Opinions" establish and improve the mechanism for the management of drunk driving cases, and improve the drunk driving and drunk driving governance system in which criminal justice and administrative law enforcement are connected and progressive, which is conducive to better realizing the organic unity of political, legal and social effects.
Drinking alcoholic beverages or foods containing alcohol, as well as taking some drugs, can cause drowsiness, dizziness, unresponsiveness, blurred vision, and poor motor coordination, which may reduce driving safety.
According to the existing traffic regulations, if the driver's blood alcohol content reaches 20mg 100ml, it is considered to be drinking alcohol to drive a motor vehicle. If the alcohol content exceeds 80mg 100ml, it is considered to be drunk driving a motor vehicle.
Once a drunk driver is discovered, the period of suspension of the driving licence is extended to six months and a fine of not less than $1,000 but not more than $2,000 is imposed. Those who drink and drive a motor vehicle again will also be detained for up to 10 days, fined not less than 1,000 yuan but not more than 2,000 yuan, and have their motor vehicle driver's license revoked.
Those who drive a commercial motor vehicle under the influence of alcohol shall be punished with a penalty of 15 days of administrative detention and a fine of 5,000 yuan, and the motor vehicle driver's license shall be revoked, and the motor vehicle driver's license shall not be re-obtained for five years.
Some people may be suspected of driving after drinking alcohol for other reasons. For example, certain drugs or chemicals may have effects similar to the effects of alcohol on the human body, and foods high in sugar can produce alcohol by anaerobic respiration during storage, causing them to show signs similar to drunk driving while driving.
In addition, some people may experience a defect in the natural production or metabolism of alcohol in their bodies that allows them to show excessive alcohol levels on a breath test or blood test even without drinking alcohol.
Of course, some "overnight drinking" drunk driving is more common nowadays. Under normal circumstances, alcohol in the body can be excreted from the body within 24 hours after drinking, but it is not excluded that some people have physical problems that cause the blood alcohol content to exceed the standard for a long time.
Of course, there is some controversy about the idea of reducing the penalty for drunk driving. On the one hand, some people believe that severe penalties can have a deterrent effect and reduce the occurrence of drunk driving accidents. On the other hand, there are also people who believe that excessive punishment may lead to rebellion in the judicial trial process, and may even lead to extreme behavior.
It is important to note that mitigating penalties do not imply condoning drunk driving. Drunk driving is related to public safety, and strict law enforcement and punishment can help maintain road traffic safety and protect the safety of people's lives and property. Drinking and not driving, driving without drinking is not just for punishment.